Vietnam

At the Mirandah Asia Vietnam office, we provide the full spectrum of IP services for clients based in this key emerging jurisdiction. As Vietnam’s regional and global business standing grows, the local, bilingual expertise we can provide for IP matters is something that those seeking protection can firmly trust.

Overview

With strong exports and record-high foreign direct investment, Vietnam’s economy is an emerging market standout. This is due in no small part to its robust intellectual property landscape. The Vietnamese government is aware of the change in its business landscape and has stepped up its efforts in matters relating to IP.

To catch up with the development of the regional and global economy, Vietnam’s National Assembly passed the Law on Intellectual Property Rights in 2005 to protect three major IP rights: copyright and related rights; industrial property rights; and rights in plant varieties. This, along with a multitude of other laws related to IPR, such as the 2004 Law on Competition and the 2005 Civil Code, contributed to the country’s ascension to the World Trade Organization (WTO) in November 2006 and a bilateral trade agreement with the US in 2007.

Growth of Vietnam’s IP Landscape

In September 2010, in an effort to strengthen the protection of IPRs, the government issued sterner administrative sanctions for violations of industrial property rights, along with other important changes to the IPR regulations in Vietnam. Aside from local IPR legislation, Vietnam is also a regular participant in international IPR conventions such as the Paris Convention for the Protection of Industrial Property, the Berne Convention for the Protection of Literary and Artistic Works, the Rome Convention, Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement, and the Madrid Protocol. In addition, Vietnam has concluded the negotiation of an FTA with the EU in February 2016, which has substantial IP provisions, to further boost its IP environment. The FTA has been published and is now under legal review and translation to the EU’s official languages and Vietnamese.

The IP landscape in Vietnam is governed by the National Office of Intellectual Property of Vietnam (NOIP), an agency under the Ministry of Science and Technology.

Law No. 36/2009/QH12 of June 19, 2009, amending and supplementing a Number of Articles of the Law on Intellectual Property (promulgated by the Order No. 12/2009/L-CTN of June 29, 2009 of the President of the Socialist Republic of Vietnam)